Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1887-04-20
APPLICATION ToR PATENT

APPLICATION yoR PATENT.
Where papers have once been filed with the
Register and Receiver they become o part OF
the record, and can neither be Withdrawn nor
returned. but must be transmitted to the Gen
An application will be rejected when the
scription Of the promises IL erroneous or
sufficient.
Application for patent will be rejected be-
cause:
First The notice was published without the
knowledge of the Register.
Second-The notice was not published in Q
newspaper designated ~ published nearestth
claim.
Third-Record title was found defective.
Fourth--A previous application had been
made for the same premises, which was with
drawn pending . suit in Court commenced by
the adverse claimant.
An application for patent will be rejected
when the survey does not accurately define the
boundaries OF the claim.
Where the claim was not located in accord
ance with law.
Where several parties own separate and dis
tinct portions Of q claim, application for
patent may be made by either for tn at portion
Of the claim owned by him: but where several
parties own undivided interests in z mining
claim all should join in an application for =
patent.
. PCIb0A Ok hncOlAotAOA hhI puICuboU 1S
many placer locations 81 the local law admits.
and embrace them all In one application for .
patent.
Two or more lodes cannot be embraced in
one application for q patent except for placer
claims embracing two or more lodes within
their boundaries
Papers sworn 10 before any person purport-
ing to act 90 9 deputy for the Register and Re.
ceiver cannot be recorded az evidences.
In all patents for mining claims situated
ui@htp the tutarfnp houuAaria 80 . 4nxuo s4ta
Q olsuse Is ins erted Excepting and excluding
all town property, rights upon the surface,
and all houses, buildings, structures, lots,
blocks, streets, alleys or other municipal i'm
provements not belonging to the grantee here
In, and all rights necessary or proper to the
occupation, possession and enjoyment Of the
same"
Publication of notice must be made q only
| one newspaper for the period of go days.
Notice must be published 10 consecutive
weeks in weekly newepapers. aud in daily
newspapers 90 days must elapse between the
fret and last insertions.
Where the Register d esignstes the daily Issue
Of Q newspaper for publication of notices of q
mining application for patent 1t is not a com
phsnce with Law 10 change to the weekly edi
ton Of the same paper without authority Of
the Register.
The existence Of a salt spring on . tract Of
land vithdravs 1t from the operation of tn,
homestead and presumption laws. A hearins
for the purpose Of proving the agriculture
| character Of such land IL not allowed. Lane
containing valuable deposits of slate may b,
entered under the mining Acts.
ADvKRsK CLAIMS.
Adverse claimants must fle q separate ant
distinct claim against each application which
1t IL alleged conflicts with the premises owned
| by such adverse claimant.
The papers In an sd Verse claim, once filed
cannot be Withdrawn. but becomes o part OF til,
record.
When an adverse claim has been filed II can
not be amended so as to embrace u larger por
ton Of the premises than that described In to,
original adverse clsim.
An adverse clsim must be made out il
proper form and flied in the proper local Off c.
during the period Of publication OF the sppli
cation for the patent to be effective.
1t is the duty OF the adverse claimant {
commence suts An proper form within the re
CURED time, and II he trusts The uncertain
medium Of the United States mail he mus
abide the consequences. should the delay
ensue, through misfortune or accident. Should
the failure to commence suit be the result OF
the cor rupt or dishonest action OF his attorney
the Interior Department cannot redress the
wrong.
An adverse claimant should set forth In de.
tail the facts upon which he bases his adverse
claim. A statement in general terms, embody.
ing conclusions Of law. without stating the
facts specially, will not be considered IN evi.
dence.
An adverse claimant should show q compi.
ance with the local laws in recording his claim
and in regard to expenditures. and shall ME q
copy Of the original notice of his location, and
show the nature or extent Of the confic,
alleged.
An allegation Of parties to q suit that the,
compose the company 10 sufacient. and they
sre not required to prove that they are tn.
original ~locstors or the identical parties who
present the adverse claim.
Aaprrur ruuAy On NyNpo.y 49,
Where land is Of little. If any value, for agri,
cultural purposes, but 10 essential to The
proper development Of mining claims, n
should be disposed of under the Mining Act.
Where lands containing valusble mineral
deposits have been included In an Agriculture
entry, said entry will be cancelled at any tim.
prior to issuance of patent, upon satisfsctor,
evidence Of the existence of such valaable de-
posts.
Where valuable deposits Of mineral are dis
covered upon . tract after the same ,as bee,
entered as agricultural. but before ! 1sent hA
been issued, the parties N the min,
may make application for patent for same
and the agricultural entry will be cancelled /
that portion Of the land embraced by sait
mining claim.
Where mineral deposits are discovered o,
agricultural lands after the patent has bee,
Issued to an agricultural claimant. thsy uas
with the patent.
Agricultural College scrip cannot be
ceiveu In symen for claims.
ALIENS.
A foreigner may make a mining location
dispose Of 1t. provided he becomes a citizer
before disposing OF the mine. Proof that th.
party was not . citizen before disposing Of hi,
claim must be afnrmatively shown.
Locators and intermediate owners. otba,
than applicants. will not be presumed aiiens
In the absence Of allegation or objection prio,
to issuance OF patent.
The portion Of q mining claim sold 70 ar
alien cannot be patented while such owner 1,
an alien; but on hts declarAnoni o become I,
citizen his right dates back TO his purchsss
aud ne may thereupon secure United state,
patent for his claim.
CROSS LED0Es.
Revised Statutes. Section 2. 1856.
where two or more lodges cross or fnteysect
each other, priority Of title shall govern. And
suoh prior location shall be entitled TO ali orr
or mineral contained within the space Of inter
section. but the subsequent location shall hsy,
the right OF way through the space Of inter
section Tor the purpose Of the conyenfen,
working OF the mine. And where two or NOV